Middleton, WI Public Conduct: Loitering Rules (2026)

04(2)(a) targets adult loitering: a person violates the ordinance by loitering or prowling in a place, at a time, or in a manner not usual for law-abiding people, under circumstances that warrant alarm for the safety of persons or property nearby. The code lists relevant circumstances, including flight on the appearance of a peace officer, refusal to identify oneself, or manifestly trying to conceal oneself or an object. Before arresting anyone under this subsection, a Middleton police officer must give the person a chance to dispel the alarm by identifying themselves and explaining their presence or conduct, unless flight or other circumstances make that impractical; a conviction cannot stand if the officer skipped that step or if the explanation given was true.

Subsection (b), 'Prohibited Daytime Loitering by Minors,' separately bars any minor under eighteen who is subject to compulsory school attendance from loitering, wandering, standing or playing on public streets, alleys, parks, playgrounds, public buildings, eating places or vacant lots during required school hours, and it reaches unauthorized presence on school grounds during that period as well. Four exceptions apply: the minor is with a parent or guardian, on an emergency errand for a parent or guardian, coming or going directly from paid work or a medical appointment, or holding a valid school-issued off-campus lunch or activity permit.

As with the adult provision, an officer must first try to dispel any alarm by asking the minor to explain their absence from school before making an arrest.